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PEOPLE v. MAGLIONE

18 A.D.3d 670 (2005)

794 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER MAGLIONE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 2005.

Ordered that the resentence is affirmed.

The defendant's contention that the Supreme Court improperly found that he violated a condition of his plea agreement is unpreserved for appellate review (see People v Harris, 303 A.D.2d 602 [2003]). In any event, the contention is without merit. Thus, the Supreme Court was free to impose an enhanced sentence (see People v Hicks, 98 N.Y.2d 185

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